The Guidelines for Processing Applications for Permanent Residence for Children Aged 19 to 21 Years as Dependants Under the Temporary Public Policy

Last Updated onnovembre 27, 2017

The Summary

The coming into force of the new definition of a dependent child led Immigration, Refugees and Citizenship Canada (IRCC) to introduce a public policy that permits officers to process children aged 19 to 21 years as dependants, subject to the applicable criteria and conditions. This public policy serves to support the Government of Canada’s ongoing commitment to family reunification. It came into force with effect from October 24, 2017.

The Issue

Refer to Appendix A.

The Background

The previous definition of a dependent child (as on August 01, 2014) specified that a dependent child was a person below 19 years of age, who was not married or in a common-law relationship. Children aged 19 years and above were not eligible for inclusion as dependents on their parents’ permanent residence applications. Nor could these children receive sponsorship from their parents as dependent children under the family class, unless they were dependent based on certain mental or physical conditions.

The authorities emerged with a new definition of a dependent child, which raises the age to under 22 years. This definition came into force on October 24, 2017. In addition, it applies to applications that the Immigration, Refugees and Citizenship Canada (IRCC) received on or after that date. The Government of Canada remains committed to facilitating family reunification as well. For these reasons, the authorities established a temporary public policy that came into effect from October 24, 2017.

Under the provisions specified in this temporary public policy, an eligible child is a child:

Who had a pending permanent resident application or whose parent has a pending permanent residence application (in which case, the parents would have identified the child as additional family) either:

On May 03, 2017 or,

On the date on which the authorities received the application, as long as they received it between May 03 and October 23, 2017

Who was 19, 20 or 21 years old as of May 03, 2017, or as of the date on which the parents made their permanent residence application, as long as the authorities received it between May 03 and October 23, 2017 and,

Who is not a spouse or common-law partner and is not otherwise inadmissible

Officers could come across situations where the children meet the eligibility requirements specified. In this scenario, the officers have the authority to waive the definition of a dependent child under the provisions specified in section 2 of the Immigration and Refugee Protection Regulations (IRPR), as it read prior to October 24, 2017. In addition, the officers have the authority to waive the provisions specified in section R307, in relation to the fees required for an examination under the provisions specified in section 25.2 of the Immigration and Refugee Protection Act (IRPA), where applicable.

In some cases, the officers might receive a request to apply to have the child come to Canada, which the applicant might have submitted via the web form, prior to January 31, 2018. In this scenario, under the provisions specified under this public policy, the eligible child can be:

Processed or added to an application as a dependent child in case the authorities had not issued the permanent resident visa or the Confirmation of Permanent Residence (COPR) at the time Immigration, Refugees and Citizenship Canada (IRCC) received the notification via the web form or,

Sponsored as a member of the family class, once the authorities grant permanent residence to the parent

Notes:

The authorities permit refugees and protected persons to add a child who was 19, 20 or 21 years old as of May 03, 2017, or on the date of receipt of the parent’s application, as an accompanying or a non-accompanying dependant to a pending application

However, this will not apply in case the child is a spouse or a common-law partner

Similarly, this will only take place as long as the authorities receive the application between May 03 and October 23, 2017

It is worth mentioning that non-accompanying dependents will be able to apply for permanent residence under the one-year window of opportunity provisions

For the purpose of this public policy, the authorities typically consider an application as being a pending application, until the applicant’s departure for Canada (if the applicant is outside Canada), or until the authorities have granted permanent residence to the applicant (if the applicant is in Canada)

Immigration, Refugees and Citizenship Canada (IRCC) will need to receive applications to sponsor a child who is eligible under the terms of this public policy and is 22 years or over at the time of sponsorship within one year after the parent receives permanent residence

The authorities require applicants to submit requests for adding or sponsoring a child under the public policy, in a proactive manner. Thus, Immigration, Refugees and Citizenship Canada (IRCC) will not contact applicants who have permanent residence applications in progress to offer them the option of adding or sponsoring dependants.

Parents who wish to add or sponsor a dependent child, will need to check the Immigration, Refugees and Citizenship Canada (IRCC) web tool titled ‘Find out if your child is a dependant’ first. This tool will enable them to find out if their child qualifies. In case they find that their child appears to have qualified, they will need to notify the Department of their intention to add or sponsor their child by submitting a request using the Immigration, Refugees and Citizenship Canada (IRCC) web form. It is worth mentioning that the parents will need to submit their requests by January 31, 2018.

Officers will need to remember that they cannot accept requests to add or sponsor a dependant sent directly to the office processing the principal applicant’s application. In such cases, the processing office will need to respond to the requestor and instruct them to submit the request via the Immigration, Refugees and Citizenship Canada (IRCC) web form. Once the requestor submits the web form, Immigration, Refugees and Citizenship Canada (IRCC) will contact the enquirer.

Some instructions that the requestors would do well to follow include:

Selecting the option ‘Permanent residence – Add a dependent child under public policy effective October 24, 2017 to January 31, 2018’ from the dropdown list under the field titled ‘Type of Application / Enquiry’

Completing all of the information, including the child’s name and the date of birth, in the field titled ‘Information of Dependent Child’

Indicating whether the parents are requesting to add a dependant to an ongoing application or to sponsor a dependant in the field titled ‘Your Enquiry’

Providing information about the parent, who is the principal applicant, in the field titled ‘Applicant Information’ and,

Entering information about the person filling out the web form such as the parent or, if applicable, the authorised representative in the field titled ‘Enquirer Information’

The processing office will typically review the principal applicant’s file. Thereafter, it will determine whether the principal applicant has met all the requirements of the public policy – refer to the section titled ‘The Instructions for Determining a Child’s Eligibility Under the Public Policy’.

The authorities require officers to conduct a search of the principal applicant’s file. Doing so would enable the officers to locate the additional family information form applicable to the permanent residence program under which the applicants applied to confirm that they had listed the child. In some cases, the officers might find no evidence that the parents had listed the child on the application. In this scenario, the officers will not be able to process the dependant under the provisions specified in the public policy. As a result, the officers will need to send a letter to the principal applicant advising them that the officers are unable to add or sponsor a child under the public policy.

Similarly, situations could arise where the officers find that the child the parents are adding to the application, meets all the requirements prescribed under the public policy. In this scenario, the officers will need to send a letter to the applicant. The letter will advise the applicant that the child is eligible for processing. This letter will also include instructions directing the applicant to:

Provide a letter advising the officers that the parents are applying under the public policy

Submit the appropriate permanent residence processing fee for the addition of the child

It is worth mentioning that the dependents of protected persons and refugees selected overseas do not need to pay a fee

In addition, the officers can waive the requirements specified by the provisions in section R307 under the public policy

Ensure that the doctors complete the medical examination of the child

Ensure that the child completes and submits a Schedule A and other supporting documents required for facilitating medical, criminal and security checks

Revise and submit the relevant forms and supporting documents in accordance with the applicable program requirements

Be aware that the inclusion of the child in the application could result in a longer processing time, which the officers will not be able to estimate given that this timeframe typically varies from case to case

Be mindful of the fact that the applicant will need to redo medical or security checks for the principal applicants or other accompanying dependants in case the validity of these checks happens to expire in the interim

Be aware that in case the officers find the child to be inadmissible, this finding could well render the principal applicant and all other accompanying dependants inadmissible as well

For more details, officers will need to go through the section titled ‘What to Do When an Added Dependant is Determined to be Inadmissible’ given on the website of Immigration, Refugees and Citizenship Canada (IRCC)

Ensure that the sponsors meet the program requirements prescribed, where applicable, which will typically increase with the additional dependant

These program requirements also include the minimum necessary income requirements

It is worth mentioning that failure to meet these requirements could result in the authorities refusing the application

Some programs might require the applicants to submit additional documentation

Apply for and obtain a Quebec Selection Certificate (CSQ), where required, in case the dependants of applicants reside in or intend to reside in Quebec

In case the authorities require applicants to obtain an amended Quebec Selection Certificate (CSQ), the officers will follow the existing procedures

Submit the required undertaking to the Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) for sponsors residing in Quebec

Note:

In some cases, it is possible that the officers might be close to finalising the permanent residence application

This is especially so in cases where the applicants have gone through all the checks prescribed, including the interview, if applicable

Similarly, in some cases, it is possible that the officers issued the visa or the Confirmation of Permanent Residence (COPR) after the parents notified the Immigration, Refugees and Citizenship Canada (IRCC) of their intention to add the child

In both scenarios, the addition of the child will likely significantly delay the processing of the parents’ applications

As such, the processing office will need to inform the parents that in such cases, the parents could either send the requested documentation for adding the dependant to their applications or notify Immigration, Refugees and Citizenship Canada (IRCC) that the parents wish to sponsor the child after they have received permanent residence

In case the parents choose to notify Immigration, Refugees and Citizenship Canada (IRCC) that they wish to sponsor the child after they have received permanent residence, the officers will need to advise these parents that the parents will need to submit the sponsorship and permanent residence applications for the child within a year of receiving permanent residence

This is especially important in the case of children who will be older than 22 years at the time of sponsorship

The office processing the principal applicant’s application will need to process and finalise the application for the entire family, including:

The principal applicant

Any previously identified accompanying dependants and,

The added child

This is in accordance with the specific program requirements.

It is worth mentioning that the procedures that officers need to follow upon accepting a child for processing as an accompanying family member under the public policy will usually mirror the procedures currently in effect for adding a dependent child to an application in progress. This applies across all permanent residence business lines.

The authorities require officers to determine whether a child requested for adding to an application meets the public policy requirements prescribed. Once the officers have determined this, they will need to send a letter to the principal applicant. The letter will direct the principal applicant to have the child complete and submit the following documents:

The additional dependants / declaration form i.e. IMM 0008DEP

Schedule A – The Background / declaration i.e. IMM 5669

IMM 0008 – Schedule 2 and,

The proofs of relationship

Situations could arise where officers come across family class applications where the principal applicant or their spouse (or their dependant) inform Immigration, Refugees and Citizenship Canada (IRCC) that they have a baby. In this scenario, the Case Processing Centre in Mississauga (CPC-M) will need to send a letter to the sponsor (and the co-signer, if applicable). The letter will advise the sponsor that the sponsor will need to continue to meet the minimum necessary income requirements prescribed. In some cases, though, the sponsor might be exempt from this particular requirement. In this scenario, the letter will need to notify the sponsor that the sponsor cannot receive social assistance for a reason other than a disability. In addition, the letter will need to instruct the sponsor to complete and submit the following documents:

An updated IMM 1344 form

An updated IMM 5768 form and,

An updated IMM 5516 form

The Case Processing Centre in Mississauga (CPC-M) could send this letter via mail or e-mail. These procedures are in accordance with the procedures currently in place.

Note:

For parent and grandparent applications, the authorities require the sponsors (and the co-signers) to meet the minimum necessary income requirements prescribed

The authorities usually assess these minimum necessary income requirements based on the family size – including the added dependent child

For Express Entry economic cases, the officers will initially need to determine that the child that the parents have requested be added to the application, meets the public policy requirements specified. Once the officers have determined this to be the case, they will need to trigger a request to the principal applicant through the Global Case Management System (GCMS). This request will typically require the principal applicant to provide additional documents and information in accordance with the instructions for permanent residence applications submitted electronically. It is worth mentioning that the authorities require principal applicants to meet Express Entry settlement fund requirements, where required. These fund requirements will typically increase with the addition of a dependant.

In some cases, the applicants might wish to settle in Quebec. But, officers will need to remember that they cannot grant permanent residence to these individuals, where required under the provisions specified in the Immigration and Refugee Protection Act (IRPA), the Immigration and Refugee Protection Regulations (IRPR) and the Canada – Quebec Accord. In such cases, the prerogative lies with Quebec for determining whether these individuals meet the applicable requirements of the province. In addition, some cases might necessitate the requirement of a revised sponsorship undertaking to Quebec. This is usually so in cases where the sponsor resides in Quebec.

For resettled refugee and protected persons cases, the officers will initially need to determine that the child that the parents have requested be added to the application, meets the public policy requirements specified. Once the officers have determined this to be the case, they will need to:

Waive the permanent residence processing fee for the child

Send a letter via mail or e-mail to the principal applicant to have the child complete and submit (via mail or e-mail) the required additional forms and supporting documents

Request a new sponsorship undertaking and settlement plan for privately sponsored refugees, which includes the new dependant

The new sponsorship undertaking and settlement plan will serve to ensure that the sponsor is aware of and willing to cover the cost of this additional family member

In some cases, the sponsor might not agree to sponsor the additional dependant

In this scenario, the officers will need to send a procedural fairness letter to the principal applicant to find a new sponsor

Advise the Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) and the sponsors of the request to add the child under the public policy for Quebec cases and forward them the required supporting documents and correspondence

One of the documents that the officers will need to forward will include the sponsorship undertaking to Quebec

The authorities permit refugees and protected persons to add a child who was 19, 20 or 21 years old as of May 03, 2017 or on the date of receipt of the permanent residence application (as long as the authorities received it between May 03 and October 23, 2017). The parents will need to ensure that the child is not a spouse or a common-law partner. Officers will add the children meeting these requirements as accompanying or non-accompanying dependants on pending applications. Non-accompanying dependants can apply for permanent residence under the one-year window of opportunity. In case the parents have already become permanent residents, they will be able to apply to sponsor eligible children.

The Fees

Where applicable, the officers will require the parents to pay the standard fee for processing an accompanying dependent child. Similarly, where applicable, the officers will need to waive the provisions specified in section R307, in relation to fees for an examination of circumstances under the provisions specified in section A25.2 (for resettled refugees and their dependents under the one-year window of opportunity) under this public policy.

The Admissibility

The authorities require children added to pending applications under the public policy to undergo the prescribed examinations. In addition, these children will need to meet the admissibility requirements prescribed pertaining to medical, security and criminal checks. Only then will these children be eligible for receiving permanent residence status.

Note:

Situations could arise where the officers find that a child added to an application under the public policy is inadmissible

In this scenario, the officers will need to contact the Immigration Program Guidance Branch for guidance

Parents will need to send applications to sponsor a child who is eligible under this public policy and who is 22 years or older at the time of sponsorship to the Department within one year after the date on which the parents received permanent residence. As such, the officers will continue to process children who are below 22 years of age at the time of sponsorship under the existing regulations.

The Case Processing Centre in Mississauga (CPC-M) will need to contact the processing office that processed the parent’s permanent residence application. This is necessary because the Case Processing Centre in Mississauga (CPC-M) will need to review the principal applicant’s file. In addition, it will need to confirm whether the principal applicant meets all the requirements of the public policy – refer to the section titled ‘The Instructions for Determining a Child’s Eligibility Under the Public Policy’.

It is worth mentioning that the officers do not need to examine a child aged 19, 20 or 21 years old between August 01, 2014 and October 23, 2017, as a condition of an application for permanent residence submitted by their parents during this period. This is because the section R2 definition of a dependent child that was in effect at that time did not describe such children. In other words, the authorities will not describe these children sponsored as principal applicants by parents who applied for permanent residence while the older definition (i.e. under 19 years of age) was in effect, as excluded dependants. This is in accordance with the provisions specified in paragraph R117 (9) (d) and subsection R117 (10).

Situations could arise where the officers find that the child is not eligible for the public policy because the child was 22 years or above on May 03, 2017. Similarly, the child might not be eligible for the public policy as the parent received permanent residence prior to May 03, 2017. In such cases, the officers will need to send letters to the parents, advising them that the child does not qualify for the public policy, but that other options are available for the child. In addition, the officers will also need to urge the parents to visit the website of Immigration, Refugees and Citizenship Canada (IRCC) to find out how someone might be eligible for immigrating to Canada.

The authorities require officers to conduct a search of the principal applicant’s file for locating the additional family information form submitted with the permanent residence application of the parent. This search would serve to confirm that the parent did indeed list the child on the application. In case the officers find that the parents did not list the child on the application, the officers will not be able to process the dependant under the public policy.

Similarly, situations could arise where the processing office is not satisfied that the applicant meets the requirements of the public policy. In this scenario, the officers will need to send a letter to the applicant, informing them that the child is ineligible. In some cases, the officers might not be able to make a determination because the information provided is incomplete or because someone apparently made a mistake. In this scenario, the officers will need to send a letter to the applicant, which provides the applicant with an opportunity for addressing any concerns.

Note:

Officers will need to process children, who are below 22 years of age at the time of sponsorship (in case the Department received the application on or after October 24, 2017), in the usual manner under the provisions of the regulations.

The Fees

Where applicable, the officers will require the parents to pay the standard fee for sponsoring a dependent child.

Note:

It is worth mentioning that the authorities usually base the processing fee for a child who is 22 years or older at the time of receiving sponsorship as a principal applicant (dependent child) under the public policy, on the child’s age on the date on which Immigration, Refugees and Citizenship Canada (IRCC) received the complete sponsorship and permanent residence application form

As such, the authorities do not lock in fees based on when the parents applied for permanent residence

The Admissibility

The authorities require children added to pending applications under the public policy to undergo the prescribed examinations. In addition, these children will need to meet the admissibility requirements prescribed pertaining to medical, security and criminal checks. Only then will these children be eligible for receiving permanent residence status.

The Appeals to the Immigration Appeal Division (IAD) [Family Class]

People who sponsor a member of the family class have the right to appeal a decision not to grant a permanent resident visa to the person receiving sponsorship. This is in accordance with the provisions specified in subsection A63 (1).

The Background

The authorities published a regulatory amendment for raising the age limit of dependent children from under 19 years to under 22 years in the Canada Gazette, Part II on May 03, 2017. This regulatory amendment came into force on October 24, 2017. The higher age limit applies to applications received on or after October 24, 2017. In case the authorities received permanent residence applications from applications between August 01, 2014 and October 23, 2017, the under 19 years definition of a dependent child would continue to apply.

With the coming into force of the regulatory amendment, the Department has anticipated that there could be a considerable number of requests for adding or processing children aged 19 to 21 years on pending applications based on Humanitarian and Compassionate (H&C) considerations. It is worth mentioning that the assessment of requests for Humanitarian and Compassionate (H&C) consideration is discretionary, complex and resource intensive. Thus, a significant number of such requests, following the coming into force of the regulatory amendment, would result in a considerable increase in workloads of the officers. This, in turn, could lead to delays in the processing of applications across all lines of business.

The Public Policy Considerations

As mentioned previously, the authorities expect to receive a sizeable number of requests for Humanitarian and Compassionate (H&C) consideration for adding or processing older children on pending applications. This aspect, along with the desire to facilitate family reunification, has led to the authorities establishing a public policy. This public policy serves to enable the processing of children aged 19 to 21 years as dependants. This, in turn, would permit eligible applicants to benefit from the higher age limit with a lesser impact on the processing of the application.

For these reasons, the Minister of Citizenship and Immigration has established that sufficient public policy considerations exist that justify the granting of certain exemptions from the requirements specified in the Immigration and Refugee Protection Regulations (IRPR) in case the foreign nationals meet the eligibility criteria specified and the conditions specified subsequently. This public policy is pursuant to the provisions specified in section 25.2 of the Immigration and Refugee Protection Act (IRPA).

The Eligibility Criteria and Conditions

Based on public policy considerations, the authorities permit delegated officers to grant exemptions from the provisions of the Immigration and Refugee Protection Regulations (IRPR) specified below to foreign nationals who meet the following eligibility criteria and conditions.

As such, the officers will need to let foreign nationals make permanent residence applications for a child in case the:

Child was 19, 20 or 21 years as of May 03, 2017 (i.e. the date of final publication of the regulatory amendment) or on the date the parents made the permanent residence application

However, it is worth mentioning that this is only possible in case the officers received the application on or after May 03, 2017 and before October 24, 2017

Parent or the child had a permanent residence application that was either pending on May 03, 2017 or was one that the authorities had received on or after May 03, 2017 and before October 24, 2017

In such cases, the parents will need to have previously identified the child as ‘additional family’ on their application

Child is not a spouse or a common-law partner and,

Child is not otherwise inadmissible

In this scenario, the parents will be able to:

Process or add the child to the application as a dependent child, in case the authorities had not issued the permanent resident visa or the Confirmation of Permanent Residence (COPR) at the time the applicants notified the Department of their intention of adding the child or,

Sponsor the child as a member of the Family Class once the authorities grant permanent residence to the parent

Note:

It is worth mentioning that the authorities permit refugees and protected persons to add a child who was 19, 20 or 21 years as on May 03, 2017, and not a spouse or a common-law partner, as an accompanying or non-accompanying dependant on a pending application

In this scenario, non-accompanying dependants will be able to apply for permanent residence within the one-year window

The Department will need to receive the application to sponsor a child who is eligible under this public policy, especially if the child is 22 years or above at the time of sponsorship, within a year of the parents receiving permanent residence

It is worth mentioning that the officers will process children below 22 years of age at the time of sponsorship under the regular sponsorship regulations

The Notification Period: Parents who wish to apply for their child to come to Canada will need to notify the Department of their intention to do so by January 31, 2018, in accordance with the instructions specified by the Department.

The Fees: The authorities require parents to pay the standard fees for processing an accompanying or sponsored dependent child, where applicable.

The Pending Applications: For the purposes of this public policy, the authorities will consider an application as being pending until the applicant’s departure for Canada in case the applicant is outside Canada or until the authorities have granted permanent residence to the applicant, in case the applicant is in Canada.

It is worth mentioning that the authorities will not be able to grant permanent residence to applicants wishing to settle in Quebec, unless the authorities in Quebec determines that these individuals meet the applicable requirements of the province.

The provisions of the Immigration and Refugee Protection Regulations (IRPR) for which the authorities can consider granting exemptions include:

The definition of a ‘dependent child’ as it read prior to October 24, 2017 and,

The provisions specified in relation to the fees for an examination of circumstances under the provisions specified in section 25.2 of the Immigration and Refugee Protection Act (IRPA), where applicable

It is worth highlighting that this public policy came into effect on October 24, 2017. It will end once the officers finish processing all the applications submitted under this public policy.